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2001 (7) TMI 95

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.... JAWAHAR LAL GUPTA J.-The dispute in this case pertains to the assessment years 1989-90 and 1990-91. Penalty proceedings were initiated against the respondent-assessee for failure to get the accounts audited and to file the return in time. The penalty was imposed. Aggrieved by the order, the assessee had filed an appeal. It was dismissed by the Commissioner of Income-tax (Appeals). However, the c....

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....e, that the audit report had to be filed along with the return. Still further, the assessee's explanation with regard to the delay in filing of the return has been accepted by the Tribunal. It has been found that the accountant was sick and, thus, the delay had occurred. In view of these facts, the Tribunal has rightly come to the conclusion that no ground for imposition of penalty was made out. ....